Standing on Shaky Ground: A Difference of Opinion on What is “Fairly Traceable” in Cases Involving Third-Party Criminal Conduct

Standing seems like a straightforward concept—the plaintiff must suffer an injury in fact fairly traceable to the defendant’s challenged conduct for which the court can provide redress. See Lujan v. Defs. of Wildlife, 504 U.S. 555, 560 (1992). But what is “fairly traceable” is not so straightforward in cases involving the criminal actions of a third-party, such as unfortunate mass shootings….
By: Pietragallo Gordon Alfano Bosick & Raspanti,